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mental, or physicalhandicap. This requirement does not apply, however, to a religious corporation, <br />association, educational institution or socie$ with respect to the employment of individuals'of a <br />particular religion to perform work connected with the carrying on by such corporation, associalion, <br />educational institution or society of its activities.b. The Subrecipient shall take action to ensure that employees are employed and treated during <br />employmenl without discrimination because of their race, color, sex, sexual orientation religion, <br />national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presenie of <br />any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the <br />following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for <br />training, including apprenticeships and volunteers. <br />NOTICES <br />The Subrecipient shall comply wilh all public notices or notices to individuals required by applicable local, <br />state and federal laws and regulations and shall maintain a record of this compliance. <br />9=C$UPATIQNAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETYHenITH nCt <br />{9SHAAMSHA) <br />The Subrecipient represents and warrants that its workplace does now or witl meet all applicable federal <br />and state safety and heallh regulations that are in effect during the Subrecipienfs performance underthis <br />Agreement. To the extent allowed by law, the Subrecipient further agrees to indeninifu and hold harmless <br />the Department and its employees and agents from all liability, damages and costs of any nature, <br />including, bul not limited to, costs of suits and attorneys' fees assessed-against the Departmlnt, as a <br />result of the failure of the Subrecipient to so comply. <br />OWNERSHIP OF PROJECT/CAPITAL FACILITIES <br />The Department makes no claim to any capitalfacilities or real propefi improved or constructed with <br />funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership <br />interesl or title to such property of the Subrecipient. The Subrecipient shall assume all liibilities and <br />resp_onsibilities arising from lhe ownership and operation of the project and agrees to indemni! and hold <br />the Department, the state of Washington, and the United States government harmless from any and all <br />€uses of action arising from the ownership and operation of the project. <br />POLITICAL ACTIVITY <br />No portion of the funds provided herein shall be used for any partisan political activity or to further the <br />election or defeat of any candidate for public oflice or influence the approval or defeat of any ballot issue. <br />PROHTBTTTON AGATNST PTMENT OF BONUS OR COMMTSSTON <br />Theassistance provided under this Agreement shall not be used in payment of any bonus or commission <br />for the purpose of obtaining approval of the application for such assistance or any other approval or <br />concurrence under this Agreement provided, however, that reasonable fees or bona fide lechnical <br />consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if <br />othenrise eligible as project costs. <br />PUBLICITY <br />The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity <br />matters relating to this Agreement wherein the Department's name is mentioned, or language ujea frorir <br />which the conneclion of the Department's name may, in the Department's judgment, be inferred or <br />implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the <br />prior written consent of the Department. The Subrecipient may copyright original work it develops in the <br />course of or under this Agreement; however, pursuant to 2 CFR part 200.31S, FEMA reserves a royalty- <br />free, nonexclusive, and irrevocable license to reproduce, publish or otheruise use, and to authoriie <br />others to use the work for government purposes, <br />Publication resulting from work performed under this Agreement shall include an acknowledgement of <br />FEMA's financial support, by lhe Assistance Listings Number (formerly CFDA Number), and a statement <br />that the publication does not constitute an endorsement by FEMA or reflec{ FEMA's views. <br />RECAPTURE PROVISION <br />ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable <br />federal, stale, and local laws, regulations, and/or the provisions of the Agreement, the Deilirtment <br />reserves the right to recapture funds in an amount equivalent to the extent of noncompliance, Such right <br />A.18 <br />A.19 <br />A.20 <br />4.21 <br />4.22 <br />4.23 <br />4.24 <br />D HS.FEMA-HSGP-S HSP-FY22 Page 17 of44 Kittitras County. E23-1 16